Protecting Native Nations for the Seventh Generation. News, views, and opinions about federal Indian law and tribal governance by law professors who teach in the field.

Friday, February 23, 2007

Grand Traverse Band Tribal Court Chief Judge

GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS

CHIEF TRIBAL JUDGE

Constitutional Basis

The Grand Traverse Band Tribal Constitution specifically establishes a Tribal Judiciary with a court of “general jurisdiction” and an Appellate Court.The Tribal Court is grounded in the Grand Traverse Band constitutional text to exercise “[t]he judicial power [extending] to all cases arising under [the GTB] Constitution, ordinances, regulations, and/or judicial decisions of the Grand Traverse Band and shall be exercised to the fullest extent consistent with self-determination and the sovereign powers of the Tribe.”GTB Const. Art. V, § 2.The Grand Traverse Band Tribal Judiciary and the Tribal Court are established as fully “independent from the legislative and executive functions of the tribal government and no person exercising powers of the legislative or executive functions of government shall exercise powers properly belonging to the judicial branch of government.”GTB Const. Art. V, § 6.

Duties and Responsibilities:

Uphold the Grand Traverse Band Constitution.

Since the Grand Traverse Band Tribal Court is a court of general jurisdiction authorized to exercise its judicial authority to the fullest extend possible, the subject matter of the Court filings consists of a broad array of complex civil and criminal matters.

The Chief Judge is expected and required to be fully conversant in the complexities of criminal and civil law in general and in particular, the complexities, both statutory and case law, of federal Indian law.

The Chief Judge is expected to have a commitment to the development of Tribal common law in general and the Grand Traverse Band common law in particular.

The duties are for caseload will be shared with the Associate Judge and include a broad caseload typical of a Tribal Court.

Assist Court administrator in managing administrative matters.

Provide full range of judicial services, including hearing cases in the trial court concerning such issues as criminal, civil, and family matters.